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Original Date Announced
January 11, 2021DOL announces a notice of proposed rulemaking and a direct final rule which requires e-filing and e-service for persons represented by attorneys or representatives in proceedings before the Office of Administrative Law Judges (OALJ) unless good cause is shown justifying a different form of filing. Self-represented persons will have the option of e-filing or of filing by conventional means. The rule is effective on February 25, 2021 unless significant adverse comment is received by February 10, 2021.
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DOL Direct Final Rule on E-Filing and E-Service for OALJ Proceedings Notice of Proposed Rulemaking on E-Filing and E-Service for OALJ ProceedingsBiden Administration Action: Revoked/Replaced
February 25, 2021Withdrawal of Direct Final Rule on e-filing
This Biden administration modifies the Trump-era policy identified in this entry.
On February 25, 2021, DOL announced withdrawal of this direct final rule due to receipt of significant adverse comment. It also indicated that it will, in a separate notice, reopen for 15 days the comment period on the NPRM that was issued concurrently with the direct final rule.
View DocumentBiden Administration Action: Under Study
March 17, 20212021.03.17 Reopening of Comment Period on E-Filing
This Biden administration policy modifies the Trump-era policy identified in this entry.
On March 17, 2021, DOL announced reopening of the comment period of the NPRM that was issued concurrently with the direct final rule. Comments are due April 1, 2021.
View DocumentCurrent Status
Not in effectMost Recent Action
March 17, 2021 Action: Under Study 2021.03.17 Reopening of Comment Period on E-FilingFebruary 25, 2021Acted on by Biden Administration
March 17, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: ProposedTrump Administration Action: RuleSubject Matter: Hearings and Adjudications Non-Immigrant Visas: Employment-BasedAgencies Affected: DOLAssociated or Derivative Policies
Pre Trump-Era Policies
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The current OALJ rule at 29 CFR 18.30 governs serving and filing of pleadings.
29 CFR § 18.30 Service and filing